UPDATE: Witnesses describe scene just before and after deadly shooting at Root Beer Stand
Tod Carter pulled into the parking lot of The Rootbeer Stand about 9:30 p.m. on July 31. He ordered some food for his 10-year-old daughter, who was sitting next to him not knowing that he would be dead just a few minutes later.
Then he spotted Larry Wilson, the man who had an affair weeks earlier with his wife, Kristi Carter.
"I have something to say to him," Tod Carter told his waitress, next door neighbor and life long friend Melissa Mullis.
"I told him that it’s not worth it," she testified during the second day of Wilson’s murder trial Wednesday afternoon.
"Kristi ain’t talked to him. I swear to God," she also told Tod, according to a statement that she gave police that evening.
When Tod Carter said he planned to go over to talk to Wilson any way, Mullis said that she ran inside to get Kristi in hopes of her talking him out of it.
During that time, Tod took off his gold chain and watch. When his daughter asked why, he told her, "I have to go over there and take care of something," customer Amanda Blevins testified Tuesday.
Carter then went over to Wilson’s tow truck, and climbed up to the cab where he stood for a two or three seconds, witnesses testified. Wilson contends Carter assaulted him during that time.
About the time Kristi grabbed the door handle to go outside to try and stop her husband from confronting Wilson, she and Mullis heard a gunshot.
"She (Kristi) was going, ‘Oh my God. He shot him," Mullis testified.
Mullis said that she then saw Tod Carter staggering across the parking lot.
"Blood was actually shooting out of his body," she testified.
Mullis was the last witness to take the stand Wednesday afternoon during the second day of Wilson’s trial for murder in Tod Carter’s death and wanton endangerment over the bullet that killed Tod Carter allegedly striking a nearby truck with a family inside.
The trial should conclude Thursday with prosecutors expected to call at least one more witness, Kristi Carter, before they rest their case.
Wilson is likely to take the stand Thursday testifying in his own defense.
Wilson maintains that he shot Carter in self-defense.
Mullis testified Wednesday that she had worked at the Rootbeer Stand for 18 years, and had known Tod Carter all her life and Kristi Carter for 10 years.
She said that she was close friends with the couple, and that Tod and Kristi’s 10-year-old daughter was like her own, and that the couple felt the same about her daughter.
While Tod and Kristi had a troubled marriage, "they always worked it out," Mullis testified.
Although she had heard that Tod Carter had a drug problem, she never witnessed it herself.
John Hunsaker, a state medical examiner, testified Wednesday that Tod Carter had marijuana, Oxycodone and Hydrocodone in his blood stream at the time of his death.
Mullis said that Kristi Carter’s affair with Wilson was brief. She left her husband on Father’s Day in June, and stayed with Wilson for "exactly one week."
During the course of the affair, the two exchanged hundreds of text messages and dozens of phone calls on each other’s cell phones, a defense attorney said during opening statements Tuesday.
On the Sunday after Father’s Day, Mullis said that Kristi called her wanting someone to accompany her to Wilson’s residence to drop off his truck, which Mullis said that she did.
After that, she said that Kristi stayed at home with her husband, who would drop her off at work and pick her back up to take her home.
Mullis said that she saw Wilson at the restaurant a couple of times after that prior to the shooting.
Prosecutors contend that Wilson continued to send her flowers and pursue her after she left him.
Waitress Jamie Trett testified Wednesday that when Kristi Carter learned Wilson was at the restaurant the night of the shooting, she didn’t plan to leave the curb house with him there.
Trett said she saw Tod Carter pull into the restaurant that night.
She was near the wrecker when she heard what sounded like a tray falling and looked towards it and heard a gunshot and saw the cab of the wrecker filled with smoke.
"I didn’t hear an argument. There couldn’t have been time for a fight. I didn’t hear loud voices," she testified.
After the shooting, she described the scene as "chaos."
Tod Carter was wearing a white tee shirt, but "all you could see was blood," Trett testified.
Both Trett and Mullis testified that the restaurant closed at 11 p.m. that night.
Trett said that Tod Carter "pretty much always" picked up his wife.
Several other witnesses also took the stand Wednesday. Most were either police officers or crime lab workers.
Corbin Patrolman Tim Baker was the first officer to arrive at the scene of the shooting.
Wilson was still inside his wrecker at the time, and had apparently unloaded the gun and was waiting for police.
Baker testified that he drew his gun and ordered Wilson out of the wrecker and to lay down on the ground.
Wilson had something in his hand that Baker couldn’t identify, and was raising his arm.
"I told him if he didn’t drop it, I would shoot him," Baker testified. "He told me to go ahead and *&(* shoot him. It was a cell phone."
By this time, two other officers had arrived, and Wilson dropped the cell phone. He laid on the ground, was handcuffed and placed in the back of a police cruiser.
EMS workers arrived and started treating Carter about this point, police testified.
Officers testified that Wilson had an empty gun holster near the cell phone.
Wilson contends that Carter knocked his food tray inside the wrecker and then picked up a rootbeer mug and struck him with it before he pulled a 9mm Ruger pistol out of a holster and shot Carter in self-defense.
A Kentucky State Police crime lab worker testified that he was unable to find any latent finger prints of value on the rootbeer mug, but that this doesn’t mean someone couldn’t have handled it without leaving fingerprints.
Another crime lab official testified to finding Wilson’s blood on the gun used to shoot Carter. The official testified that no blood was found on the glass mug or metal serving tray. Both were recovered inside Wilson’s tow truck.
Hunsaker testified that the bullet entered Carter’s body in the front of his left arm near the arm pit and exited his right shoulder. It traveled in an upward path of about three inches.
The bullet cut a major artery in the neck and another in Carter’s spine. He died from a major loss of blood due to the gunshot wound. He bled out, Hunsaker said.
"Most of the blood drained from his body," Hunsaker testified. "In my view that was a non-survivable wound."
EMS workers and surgeons made vigorous efforts to save Carter’s life though, Hunsaker said.
Corbin Police Detective Sgt. Bill Rose, who was the investigating officer, testified that police were unable to locate the bullet that killed Carter and allegedly struck the Poynter vehicle.
Police Chief David Campbell testified that he personally searched for the fired bullet for nearly an hour with a metal detector on the night of the shooting without success.
Wilson’s attorney, Warren Scoville, contends that it wasn’t the bullet that struck the Poynter pick-up truck, but rather a piece of plastic from a vent guard on the wrecker.
Rose testified under cross examination Wednesday that police found no piece of plastic that could have struck the Poynter vehicle that evening, but he admits that police weren’t looking for one either.
He said that he didn’t know the distance between the Wilson and Poynter vehicles and that he did not do residue testing on a dent on the Poynter vehicle where police believe the bullet struck before ricocheting elsewhere.




